top of page

Terms & Conditions

​

Effective from: [date]

1. General Provisions

1.1. These Terms and Conditions of Service (hereinafter — the "Terms") govern the legal relationship between [Full Name], a self-employed person registered in the Republic of Latvia, registration No. [registration number], address [address], e-mail [e-mail] (hereinafter — the "Perfumer"), and any natural or legal person ordering the bespoke fragrance development service (hereinafter — the "Client").

1.2. By placing an order for the service, the Client confirms that they have read, understood and fully agreed to these Terms. Payment of the order shall be deemed unequivocal acceptance of these Terms by the Client.

1.3. The Perfumer reserves the right to unilaterally amend these Terms. The current version of the Terms shall always be available on the Perfumer's website. The version of the Terms applicable to a particular order shall be the version in force at the time the order was paid.

2. Nature and Scope of the Service

2.1. Fragrance development is a bespoke creative service performed in accordance with the Client's individual instructions and preferences. The service includes consultation, development of the fragrance concept and preparation of personalised samples.

2.2. The service shall be deemed commenced from the moment the Perfumer has received the Client's payment (or agreed advance payment) and has begun work on the specific order.

2.3. The Client acknowledges and accepts that:

  • the perception of fragrances is subjective and depends on individual sensory characteristics;

  • the fragrance development process is creative in nature and may require multiple revisions to achieve a result suitable for the Client;

  • the final result may differ from the Client's initial expectations, as fragrance development is an artistically subjective process;

  • a fragrance evolves over time and exhibits top notes, heart notes and base notes, the perception of which changes during use;

  • the perception of a fragrance on the skin may vary depending on individual skin chemistry, body temperature, ambient humidity and other external factors.

2.4. Given the creative and subjective nature of the service, the Perfumer does not guarantee that the final result will fully correspond to the Client's initial, unformulated or incompletely expressed expectations. The Perfumer undertakes to provide the service with due professional care and diligence.

3. Development Process and Communication

3.1. The Client is required to provide feedback on the prepared fragrance samples within 14 (fourteen) calendar days from the date of receipt of the samples.

3.2. If the Client fails to respond or provide feedback within 30 (thirty) calendar days, the project shall be deemed suspended due to the Client's failure to act.

3.3. A suspended project may be resumed within 60 (sixty) calendar days from the date of suspension at no additional cost. After this period, resumption may be carried out only against an additional fee, the amount of which shall be determined by the Perfumer based on the volume of work required to resume the project.

3.4. All material decisions concerning the direction of the fragrance, revisions, changes and final approval shall be recorded in writing using e-mail or another written communication channel (e.g., messaging platforms). Verbal agreements shall not be deemed binding unless confirmed in writing.

3.5. Where the Client submits reference fragrances (commercial or other fragrances as sources of inspiration), they shall be used only as a general direction of inspiration. The Perfumer does not create or reproduce copies of existing commercial fragrances and respects the intellectual property rights of third parties.

3.6. Express development, providing for delivery of the service within a period shorter than 20 (twenty) business days, shall be possible only by separate agreement between the Perfumer and the Client and against an additional fee determined by the Perfumer on a case-by-case basis.

4. Payment Terms

4.1. The price of the service shall be determined individually depending on the scope and complexity of the project and shall be agreed with the Client prior to the commencement of work.

4.2. The Client shall make payment within the term and in the manner specified by the Perfumer. If payment is not received within the specified term, the Perfumer is entitled to suspend the project until full payment has been received.

4.3. As fragrance development is a bespoke service produced according to the Client's personal instructions and specifications, payment for work already commenced and development stages already performed shall not be refunded if the Client unilaterally terminates the cooperation, refuses to continue the development, or loses interest in the project.

4.4. Consumer rights notice. Pursuant to Section 12, paragraph six, of the Latvian Consumer Rights Protection Law and Clause 22 of Cabinet of Ministers Regulations No. 255 of 20 May 2014, the right of withdrawal does not apply to contracts for the supply of goods or services that are made or provided according to the consumer's individual order or are clearly personalised. By placing the order, the Client (consumer) expressly acknowledges that they have been informed of this circumstance and consents to the commencement of the service before the expiry of the 14-day withdrawal period.

4.5. Where the Client elects to terminate the contract before its full performance pursuant to applicable law, the Perfumer shall be entitled to retain payment proportionate to the work performed and materials used.

5. Health, Allergies and Product Use

5.1. The Client acknowledges that fragrances and aromatic substances (including natural raw materials, essential oils and synthetic aromatic compounds) may cause individual allergic reactions or heightened sensitivity.

5.2. Before using the product, the Client is advised to perform a skin patch test on a small area of skin (e.g., the inner forearm) and to discontinue use immediately if any adverse reactions occur.

5.3. The Perfumer shall not be liable for any health reactions of the Client where the product is used contrary to the instructions for use, where the Client has an individual intolerance to any of the ingredients, or where the Client has failed to inform the Perfumer of their allergies and health condition prior to the provision of the service.

6. Product Storage

6.1. The Client is responsible for the proper storage of the fragrance after receipt. The fragrance shall be stored:

  • away from direct sunlight;

  • away from high temperatures and heat sources;

  • in a cool, dry place;

  • in its original packaging with the cap tightly closed.

6.2. Improper storage may affect the quality, longevity and colour of the fragrance. The Perfumer shall not be liable for any deterioration in product quality resulting from improper storage.

7. Intellectual Property Rights

7.1. The fragrance formula, development materials, concept documents, sketches and all other materials created in the course of development shall be the exclusive intellectual property of the Perfumer, protected by the applicable legal acts.

7.2. By payment for the service and receipt of the fragrance, the Client acquires the right to use the final fragrance for personal use or — in the case of a commercial order — within the agreed scope and pursuant to a separate written agreement.

7.3. The Client does not acquire the right to disclose the fragrance formula, transfer it to third parties, reproduce it, use it commercially beyond the agreed scope, or assign it to third parties without a separate written agreement with the Perfumer.

7.4. The Perfumer is entitled to use visual materials related to the fragrance (bottle design, packaging, photographs and videos of the work process) in the Perfumer's portfolio, website and social media accounts, without disclosing the Client's personal data, unless the Client has stated otherwise in writing prior to or during the development.

8. Commercial Orders

8.1. Where a fragrance is developed for commercial use (a brand, business product or for resale), the minimum order quantity is 10 (ten) units.

8.2. Commercial orders shall be subject to a separate written agreement setting out additional conditions, including the scope of usage rights, exclusivity (where applicable), order quantity and price.

8.3. Commercial orders may be subject to different payment and performance conditions, as separately agreed between the Parties.

9. Delivery and Transfer of Risk

9.1. Upon handing over the fragrance to the courier or delivery company, responsibility for the delivery and condition of the shipment during transport shall pass to the relevant delivery company.

9.2. If the Client discovers that the shipment is damaged, the Client shall notify the Perfumer within 24 (twenty-four) hours of receipt of the shipment, attaching photographs documenting the condition of the packaging and the product.

9.3. Where the Client is a consumer, this provision shall not limit the Client's rights under the Consumer Rights Protection Law, including the right to file a claim regarding non-conforming goods within the period prescribed by law.

9.4. The Perfumer shall provide reasonable assistance to the Client in submitting claims to the delivery company where damage has occurred during transport.

10. Claims and Complaints

10.1. Following the Client's written approval of the final fragrance and its delivery to the Client, claims based on the Client's subjective dislike, change of taste or other subjective considerations shall not be accepted.

10.2. Where the Client is a consumer, the Client has the right to submit a claim regarding non-conformity of the service with the contract under the Consumer Rights Protection Law. The claim shall be submitted in writing, stating the grounds and providing supporting evidence.

10.3. The Perfumer shall examine the claim within 30 (thirty) calendar days of receipt and provide a written response to the Client.

11. Force Majeure

11.1. The Parties shall be released from liability for partial or complete non-performance of the contract where such non-performance is caused by force majeure circumstances which the Parties could not foresee, influence or prevent.

11.2. Force majeure circumstances include, but are not limited to: serious illness, natural disasters, acts of war, acts of terrorism, decisions of state authorities (including the declaration of a state of emergency), epidemics, supply chain disruptions affecting the availability of raw materials, and other extraordinary circumstances.

11.3. In such cases, the deadlines for the provision of the service may be extended for the duration of the force majeure circumstances. The Perfumer shall, as soon as reasonably possible, inform the Client of the occurrence of force majeure and the anticipated extension of deadlines.

12. Confidentiality

12.1. Information provided by the Client, the Client's preferences, individual concept and project details shall be treated as confidential and shall not be disclosed to third parties, except where required by law or by competent state authorities.

12.2. The confidentiality obligation shall also extend to the Perfumer's employees, partners and suppliers, to the extent they are involved in the provision of the service.

12.3. The confidentiality obligation shall remain in force following termination of the contract.

13. Limitation of Liability

13.1. The Perfumer's total liability towards the Client, to the extent permitted by applicable law, shall be limited to the total amount paid for the relevant order.

13.2. The Perfumer shall not be liable for any indirect damages, loss of profit, loss of reputation or any consequential damages.

13.3. The limitations of liability set out in this section shall not apply: (a) in cases of damage caused intentionally or through gross negligence; (b) in respect of consumer rights protected by the Consumer Rights Protection Law that cannot be limited by contract.

14. Termination of the Contract

14.1. The Perfumer is entitled to unilaterally terminate the cooperation and refuse to perform the order if:

  • the Client fails to make payment within the specified term;

  • the Client provides false information or knowingly misleads the Perfumer;

  • the Client requests conduct contrary to law or professional ethics;

  • the Client's behaviour is offensive or limits the Perfumer's ability to provide the service.

14.2. In such cases, the Perfumer is entitled to retain payment already received in respect of work already performed.

 

bottom of page